Response to Office Action

PTO- 1957

Approved for use through 11/30/2023. OMB 0651-0050

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

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PTO- 1957

Approved for use through 11/30/2023. OMB 0651-0050

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 90546640 VISION(Standard Characters, see http://uspto.report/TM/90546640/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 009 for Respirators for filtering air; Filters for respiratory masks; Respiratory masks, other than for artificial respiration; Anti-pollution masks for respiratory protection; Respiratory apparatus, other than for medical use; Breathing apparatus, except for artificial respiration; all aforementioned goods exclusively in the area of painting and varnishing
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: The applicant believes the applicant is entitled to use the mark in commerce on or in connection with the goods or services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date. For a collective trademark, collective service mark, collective membership mark, or certification mark application: The applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date. For a certification mark application: The applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ European Union Trademark - EUTM registration number 018295853 registered 03/16/2021 with a renewal date of __________ and an expiration date of 08/26/2030 ], and translation thereof, if appropriate. For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users on or in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods or services that meet the certification standards of the applicant.


Proposed:

Tracked Text Description: Respirators for filtering air; Industrial respirators for filtering air; Filters for respiratory masks; Filters for non-medical respiratory masks; Respiratory masks, other than for artificial respiration; Industrial respiratory masks, other than for artificial respiration; Anti-pollution masks for respiratory protection; Industrial anti-pollution masks for respiratory protection; Respiratory apparatus, other than for medical use; Respiratory apparatus, other than for medical use, namely, respiratory masks for the prevention of accident or injury; Breathing apparatus, except for artificial respiration; Breathing apparatus, except for artificial respiration, namely, self-contained breathing apparatus; all aforementioned goods exclusively in the area of painting and varnishingClass 009 for Industrial respirators for filtering air; Filters for non-medical respiratory masks; Industrial respiratory masks, other than for artificial respiration; Industrial anti-pollution masks for respiratory protection; Respiratory apparatus, other than for medical use, namely, respiratory masks for the prevention of accident or injury; Breathing apparatus, except for artificial respiration, namely, self-contained breathing apparatus; all aforementioned goods exclusively in the area of painting and varnishing
Deleted Filing Basis: 1(b)
Webpage URL: None Provided
Webpage Date of Access: None Provided


Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ European Union Trademark - EUTM registration number 018295853 registered 03/16/2021 with a renewal date of __________ and an expiration date of 08/26/2030 ], and translation thereof, if appropriate, before the application may proceed to registration. For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users on or in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods or services that meet the certification standards of the applicant.

The foreign registration that is the basis of the U.S. application under §44(e) of the Trademark Act (15 U.S.C. §1126(e)) includes a claim of standard characters or the country of origin's standard character equivalent.
Correspondence Information (current):
      PAUL D. BIANCO, PHD
      PRIMARY EMAIL FOR CORRESPONDENCE: tmmiami@fleitip.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): lperez@fleitip.com

The docket/reference number is 7101-T21-242.
Correspondence Information (proposed):
      Paul D. Bianco, PhD
      PRIMARY EMAIL FOR CORRESPONDENCE: tmmiami@fleitip.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): lperez@fleitip.com

The docket/reference number is 7101-T21-242.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

SIGNATURE(S)
Declaration Signature
The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark Rules of Practice.
Response Signature
Signature: /Lourdes Perez/     Date: 02/28/2022
Signatory's Name: Lourdes Perez
Signatory's Position: Appointed attorney, Florida Bar member

Signatory's Phone Number: 305-830-2600 Signature method: Signed directly within the form

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); and he/she is currently the owner's/holder's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

Mailing Address:    PAUL D. BIANCO, PHD
   FLEIT INTELLECTUAL PROPERTY LAW
   SUITE 115
   21355 EAST DIXIE HIGHWAY
   MIAMI, Florida 33180
Mailing Address:    Paul D. Bianco, PhD
   FLEIT INTELLECTUAL PROPERTY LAW
   SUITE 115
   21355 EAST DIXIE HIGHWAY
   MIAMI, Florida 33180
        
Serial Number: 90546640
Internet Transmission Date: Mon Feb 28 04:53:41 ET 2022
TEAS Stamp: USPTO/ROA-XX.XX.XXX.X-202202280453410967
69-90546640-800c4f0629bbb18105560de31552
e6f996323298d24091756667dd40545ee7bde6-N
/A-N/A-20220228044925947482